Bill Text: CA AB485 | 2021-2022 | Regular Session | Chaptered

California Assembly Bill 485 (Prior Session Legislation)

Bill Title: Hate crimes: reporting.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2022-09-30 - Chaptered by Secretary of State - Chapter 852, Statutes of 2022. [AB485 Detail]

Download: California-2021-AB485-Chaptered.html

Assembly Bill No. 485

CHAPTER 852

An act to amend Section 13023 of the Penal Code, relating to hate crimes.

[ Approved by Governor September 30, 2022. Filed with Secretary of State September 30, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 485, Nguyen. Hate crimes: reporting.

Existing law defines a “hate crime” as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Existing law requires the Attorney General to direct local law enforcement agencies to report information relating to hate crimes to the Department of Justice, as specified, and requires the department to post that information on a specified internet website on or before July 1 of each year.

This bill would additionally require local law enforcement agencies to post the information sent to the department on their internet website on a monthly basis.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 13023 of the Penal Code is amended to read:

13023.

(a) Subject to the availability of adequate funding, the Attorney General shall direct local law enforcement agencies to report to the Department of Justice, in a manner to be prescribed by the Attorney General, any information that may be required relative to hate crimes. This information may include any general orders or formal policies on hate crimes and the hate crime pamphlet required pursuant to Section 422.92.

(b) On or before July 1 of each year, the Department of Justice shall update the OpenJustice Web portal with the information obtained from local law enforcement agencies pursuant to this section. The department shall submit its analysis of this information to the Legislature in the manner described in subdivision (g) of Section 13010.

(c) Local law enforcement agencies shall additionally post the information required in subdivision (a) to their internet websites on a monthly basis.

(d) For purposes of this section, “hate crime” has the same meaning as in Section 422.55.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.